(1)

A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer suspects on reasonable grounds that:

(a) one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
(b) an investigation into those offences is being, will be, or is likely to be, conducted; and
(c) the use of a surveillance device is necessary in the course of that investigation for the purpose of enabling evidence to be obtained of the commission of the relevant offences or the identity or location of the offenders.

(2)

If the application is being made by or on behalf of a State or Territory law enforcement officer, the reference in subsection (1) to a relevant offence does not include a reference to a State offence that has a federal aspect.

(3)

A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:

(a) a recovery order is in force; and
(b) the law enforcement officer suspects on reasonable grounds that the use of a surveillance device may assist in the location and safe recovery of the child to whom the recovery order relates.

(4)

The application under subsection (1) or (3) may be made to an eligible Judge or to a nominated AAT member.

(5)

An application:

(a) must specify:
(i) the name of the applicant; and
(ii) the nature and duration of the warrant sought, including the kind of surveillance device or devices sought to be authorised; and
(b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

(6)

If a law enforcement officer believes that:

(a) the immediate use of a surveillance device is necessary for a purpose referred to in paragraph (1)(c) or may assist as described in paragraph (3)(b); and
(b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant may be made before an affidavit is prepared or sworn.

(7)

If subsection (6) applies, the applicant must:

(a) provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and
(b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the Judge or member, whether or not a warrant has been issued.